State v. Jones

COPELAND, Justice.

By his third assignment of error, defendant contends that the trial judge erred in refusing to charge the jury on his right to defend his home from an attempted forceful entry by the deceased. By his fifth assignment of error, defendant contends that the trial judge erred in refusing to instruct the jury on voluntary manslaughter by reason of a killing committed in the heat of passion. We agree with defendant on both of these arguments; therefore, he must be awarded a new trial.

A person has the right to use deadly force in the defense of his habitation in order to prevent a…